Authority: High Court of Uttarakhand at Nainital
Order Date: 10.09.2026
Case Overview
- Parties: Appellant – Reliance General Insurance Company Ltd; Respondents – Smt. Geeta Devi and others (claimants).
- Origin: Appeal against Order No. 489 of 2018 and the judgment & award dated 29.09.2018 passed by the Motor Accident Claims Tribunal / IVth Additional District Judge, Dehradun in Motor Accident Claim Petition No. 252 of 2015 (Geeta Devi vs. Bhupendra Singh et al.).
- Accident Details: Occurred on 05.12.2015 at 12:30 hrs. The deceased, Smt. Poonam Devi, was standing on the left‑hand side of the road when a car bearing No. DL.4C‑A.D./7643, driven rashly, struck her, causing grievous injuries leading to death.
- Tribunal Findings:
- The accident was caused by rash and negligent driving of the car’s driver; the deceased had no contributory negligence.
- The vehicle was duly insured with Reliance General Insurance Company; the driver possessed a valid licence, registration certificate and insurance.
- Monthly salary of the deceased was assessed at ₹19,850 based on salary documents and deductions, yielding an annual income of ₹1,58,808.
- Pursuant to the Supreme Court judgment in Pranay Sethi (para 59.3), a 30 % addition for future prospects was applied (deceased aged 49 years 2 months), resulting in total compensation of ₹28,33,850 plus interest at 6 %.
- Appellant’s Contentions: (i) Income of the deceased not properly determined; (ii) 30 % addition for future prospects was erroneous.
- Respondents’ Contentions: Salary deduction was correctly applied; 30 % addition is justified under para 59.3 of National Insurance Co. Ltd. vs. Pranay Sethi (2017) for age between 40‑50 years.
Court Reasoning
- Income Determination: The Court observed that paragraph 32 of the Tribunal’s judgment clearly shows the monthly income of ₹19,850 was derived from documentary evidence after appropriate deductions. No error was found.
- Future Prospects Addition: The Court affirmed that the 30 % addition aligns with the settled law in Pranay Sethi (para 59.3), which mandates a 30 % addition for deceased aged 40‑50 years. No scope for interference.
- Both points for determination were answered against the appellant.
Final Outcome
- The appeal is dismissed.
- Reliance General Insurance Company Ltd is directed to deposit the balance amount (after deducting any amount already paid) with the Tribunal within 45 days.
- The Registry is directed to transmit a statutory deposit of ₹25,000 to the Tribunal forthwith.
- The original record is to be transmitted to the Tribunal.
- Any pending applications, if any, stand disposed.
Topics: Motor Accident Compensation, Insurance Law